daniel penny could impact the safety of every american, a look at what happened 3 weeks ago. on afternoon of may 1, passengers taking the f train in a subway station in new york city. at 2:27 p.m. police received a report of a fight on the train. a minute later, another report of threats. and a quote customer armed with a knife or gun. two minutes later, police are called for an assault in progress. and 30-year old homeless man jordan neely is reportedly seen screaming and acting aggressively toward passengers. then, one passenger steps in. 24-year-old marine veteran daniel penny. penny is caught on video holding back jordan neely with a chokehold. 10 minutes later, 2:cl:36. nypd officers arrive on the scene, neely seems to be no longer responsive, emergency crews try to revive him, penny remained dnot leave, neil so rushed to the hospital where doctors pronounces him dead. the train where the struggle took place is now a declared crime scene and penny is questioned by the nypd, they decide not to arrest him, based on his statements and witness accounts. everyone says, he acted in self-defense. but the media, was not convinced. >> we want to turn now to growing outrage over death of a man on new york city subway. >> heroism or v vigilantism. >> video went viral. and chaos erupted on new york city streets, bringing one of the world's largest public transit systems to a crawl, they demand justice, despite the facts, on may 11, alvin bragg announced he was filing criminal charges against penny. without consulting a grand jury, penny turned himself into the courthouse, the next day, he was charged with one count of second degree manslaughter. >> should daniel penny be charged with manslaughter. >> all eyes turn to penny, who faces up to 15 years in prison and whose fate may be decided by a jury of his peers. >> dealing withs situation, with integrity and honor that is characteristic of who he is. >> there was a time in our history, when americans settled criminal matters themselves. frontier justice was out, women and children depended on fathers, husband and brothers to protect them. but we have rejected vigilanty justice in civilize societies for our agreement not to take the law in our own hands, the government promises to protect its citizens and p punish the criminals this is the social contract we have forged. but what happens when the social contract and the government fail to protect us? as a result of the defund police movement, americans, those in big cities, are seeing fewer cops, and experiencing longer 911 wait times, the consequences have created a new danger zone for americans. what happens when danger arises and there is no one protect you? when the social contract fails, what happens when someone intervenes to help others and takes on the job of the government? the homeless man said, he was ready to die and ready to kill. who would protect the riders in the closed underground subway car? it was a 24 24-year-old veteran who took that risk, taking on job of a good samaritan, willing to fight not for himself but for others. the people on that subway car, have thanked him. and have called him a hero. the district attorney however, is charged him with manslaughter. and americans have always had the right to defend them serves and -- themselves and others, the issue is at what point and f how far. does this prosecution undermine legal right of self-defense. tonight, we will examine the sad case of a homeless schizophrenic, a man mentally ill in midst of a psychotic episode who was given no help within the broken social contract, but instead placed on a short list of those mentally ill, homeless and in need. this weekend i sat down for an interview with attorney of good samaritan daniel penny. who made the call to protect others. >> joining me now is penney's attorney steve raiser of raiser. thank you so much for being with us. >> thank you. judge jeanine: you can tell us how is daniel doing. >> he is very stressed. there is a tragedy that occurred here. this really nothing good at this point, however he is staying close with his family. and friends. and getting their support to help him get through this. judge jeanine: and did you ever expect the charges to be broad in this case? >> well, i did not. it was not something that was easy to foresee. since you had an individual who stepped in to help his fellow passengers. to then be sharked with death of mr. neely, was a bit of a surprise, considering the fact that he was interviewed by police and was told he was free to go. and then later arrested. it was not something that was anticipated. >> you can tell us what happened on the train? before daniel stepped in in. >> well, generally, most of what has been reported is true as far as mr. neely entering the train, and acting in a very v violent manner, physically and with words, he made threats to the passengers lives. and not directly in the sense they said i'm killing you all, but said to affect that, you know i need certain things i need food and and and that if i don't get it, i don't care if i go to prison, and passengers said they interpreted that to mean, why would you go to prison for the rest of your life, if you kill someone. judge jeanine: that was his mind set when we put jordan neely in a chokehold? >> well, the mind set is pretty simple. he was fearful for the safety of the passengers. so, when he acted his mind set was to keep his fellow passengers safe from attack. >> and do you know how long he was on the train before he put him in the chokehold? >> i don't know how long they were on the train for specifically. there was a period of time where the situation kind of developed. period of time to be able to observe mr. neely swinging his arms at passengers, and making threats. whatever period of time that encompassed but it was minutes. >> okay and did he also say he was ready to die, neil sne. neely. >> he did. judge jeanine: two other men hopped daniel restrain neely that day, has your team spoken to them. >> we have, we have spoken to a number of witnesses, because of early stages in the proceedings we have to be careful hu much we reveal, we have spoken to quite a few witnesses and we'll speak with more and get more informing from them, police have also spoken to the witnesses, that stayed on the train. judge jeanine: daniel cooperated with police right after and went to the police station, why was he let go? >> well, i mean, we have remember it was a case of self-defense, police saw that and they did not arrest him, did not take him to the station, they asked him can you come down to the station, he was willing to do, that daniel wants to participate in this whatever investigation was going to be. he did, he went there with them, voluntarily and sat down with the police, danny has nothing to hide, he spoke with the police for as long as they wanted, they made a determination based on what he said and witnesses said, that there was no reason to rest him, and they said you are free to go, he left. judge jeanine: the autopsy came back within a day and a half. was daniel surprised by the results? >> yes. he had -- it was unforeseeable for him to believe that the medical examiner report would have come back indicating it was a homicide. it was a bit shocking. but we have to really look at there, and i told danny, listen, medical examine reported things about the report. they did not release the report itself. there is a lot of unanswered questions if the report that has not yet been released to public or to his legal team. i think that public has a right to know what is in the report so we're not jumping to conclusions, we don't have tohave -- toxicology reports or other intervening while issues, we will be able to review that at some point. judge jeanine: afternoon the autopsy report, were you in communication with district attorney bragg's office? >> yes. we were in frequent contact with the da's office. judge jeanine: how did you find out about the changes? >> well we were told that there was going to be a grand jury presentation, then that would take some time. then it was a very kind of deliberate process, not rushed. then suddenly, we got a call one night before danny was asked to surrender said he has to surrounder to the police department tomorrow. at that point, what do you mean? this was a la a long process, that said, just pick up the phone, and say danny police need you, he was there. the time they asked him to be there to start the process. it didn't seem to make and sense as to the sudden urgency, however that is the way in which they decided to proceed. judge jeanine: well you are waiting for a possible grand jury, you find out that felony complaint is filed by d.a., why do you think? >> i wish i knew. i don't have -- nor do i want to venture a guess, i will say, that felony complaint is of no real consequences, what is of consequence is grand jury presentation, you could have a grand jury indictment or presentation, with or without a felony complaint, that is not necessary -- not a necessary part of the process. that is why it is somewhat questionable to why he took that step when he did. it was a step that was unnecessary. judge jeanine: there have been aren'ts that some of the people on the train actually came up on daniel, and thanked him for his intervening, true? >> it is true. it is true. it was more than one person. and i think that outpouring of support that danny has gotten to this point has been many thousand of people that thanked him for putting his life his health his well being in danger to help those passengers on the train. judge jeanine: why do you think that daniel did that? >> i think he did it because danny has focus of helping people, part of reason that inspired him to become a marine. to serve his country, serve his fellow man. when he went to the train, honly motivation was to help save passengers from someone who was clearly an imminent threat. judge jeanine: and if that was his intent, to help -- was to help, he must have been surprised by what happened in the end? >> of course. he could not have foreseen that jordan neely would have died from this, or in some conjunction of it or after, it was shocking to him. everyone and everyone's hearts go out to mr. neely, this is a sad situation, this is say tragedy, no one is here to villainize mr. neely, but danny is coming to grips with this situation and the aftermath of it all. judge jeanine: we reached out to the neely family attorneys, they were not avalavaluable for ain't ter view. note available. coming up, who was the real jordan neely, an all-star panel joins me to expose his criminal past, including 42 arrests and what wentbu wrong. il helping them achieve financial freedom. we're providing greater access to investing, with low-cost options to help maximize savings. from the plains to the coasts, we help americans invest for their future. and help communities thrive. gotcha. take that. whoa! bruh! i'm fine. that smack looked bad. not compared to the smack down i'm giving you. you sure you're, ok? you know you're down 200 points, right? lucky, she convinced me to get help. i had a concussion that could've been game over. in actual reality, you've only got one life. don't mess with your melon. if you hit it, get it checked. judge jeanine: welcome back to judge jeanine investigates the subway chokehold. who was jordan neely. not just a michael jackson impersonate or, the real jjordan neely, his rap sheet boasts 42 arrests, including multiple assaults on subway passengers, one victim was a 67-year-old woman he broke her nose and fractured her o orbital bone in an unprovoked attack, the d.a. gave him a deal, he took the deal. he became known for lewdness, mental illness and llived on the streets, hospitals and jails and reportedly top 50 list of homeless people most in need of help, he was a violent individual who could threaten anyone at any time, for any reasons. this was the man that daniel penney a struggle that ended in neely's death, you wouldn't learn most of this had you attended neely's publicize funeral friday, joining me in studio our all-star panel, lawrence jones, and j and p paul moreau thank you for being with me. inspector, what about the 42 arrests? >> 42 arrests is a lot. even in this town, unfortunately people like neely become well-known to public, people should realize 42 arrests is not the entire universe of his encounters with the system, police have a number of other options they can employee. there is edp, e. >> police could take someone to the hospital and have them get treatment. my gut tells me, as we peal back this onion, there will be a lot more regarding the times he has touched system, he could have got help and didn't. judge jeanine: i guess sad part, is that 42 times at very least that we know of where he could have gotten help, jonna. the within statement from someone -- witness statement from someone on the train: what does that tell you about that person saying that. >> it tells you they are mentally unstable. and tells you that it is possible that they are capable of committing a harm upon you or someone else on the train. and a lot. probably everyone in had their room has been that person. who has been reading a book on the train, and then looks up and doesn't know whether you will get assaulted or someone else is, it says a lot about perpetrate or that will come to play in this case. because, the prosecutor and defense will have to hang their hats on whether daniel penney's actions were reasonable. >> take a listen to al sharpton. >> he didn't want to be a drug dealer, he didn't want to be a thief or a crook, he wanted to be like michael. that made the world smile and get on one beat, you didn't have the right to snatch the life out of this young man. judge jeanine: you know. but it were that simple. >> where he was, when he was alive, where were all of them? it is interesting, that the family now is suddenly involved. where was that go found me account to get him men fall mental health and service, they said he was hungry, gofundme would have been resourceful, i have a lot of compassion, we're talking about a kid who watched his mother get torn a part and put in a suitcase, i have a lot of compassion, there are others that are riding subway with similar struggles, is it the people on the train, job to take all of this into correction, they don't know the story, they know if there is a threat opposed to them, and you have people riding subways. that see people pushed into the subway, assaulted on the subway. they have a duty to act. i hope if my mother or my sister on the subway, that a young man steps in for her or my sister. >> okay. judge jeanine: coming up on judge jeanine investigates, subway choke hole, chaos and v violent crime plagues our cities has americans on edge, how we may have reached the tipping point. ♪ choosing miracle-ear was a great decision. like when i decided to host family movie nights. miracle-ear made it easy. i just booked an appointment and a certified hearing care professional evaluated my hearing loss and helped me find the right device calibrated to my unique hearing needs. now i enjoy every moment. the quiet ones and the loud ones. make a sound decision. call 1-800 miracle now, and book your free hearing evaluation. >> welcome to fox news live. multiep el republicans are to throw their hats in the ridge for president this week. florida governor ron desantis will reportedly make that announcement in his home tann of dune din. reporting senator tim scott of south carolina also anticipated to announce his run, only black republican in senate ahead visits to iowa. >> and naac p issuing a travel advisory urging people to not visit florida, saying florida under governor ron desantis has become a hostile place for people of color and lgbtq plus community, and sites laws he signed that include one addressing rioting and looting, desantis calls this a stunt and doubt the it will have any affect, back to judge jeanine's special. judge jeanine: welcome back to "judge jeanine investigates the subway chokehold." the surge of i violent crime is threatening new yorkary daily lives and nothing is being done to stop it. what is bolstering. the left soft on crime policies and lack of consequences, here is a look at rising threat in new york and why it is only getting worse. violent crime on new york city subways doubles since 2019. murders, skyrocketing. 6 in 2020, that broke a decade a long record, 8 in 2021, and in 202210 p, 10 people were killed that january, michelle go, was fatally shoved in front of a moving train on to the subway tracks by a homeless thug, unprovoked. >> yes, i did. >> why. >> in april. >> was it gunshots. >> chaos after a gunman opens fire and set off spoke bombs on a subway during the morning rush in september, a horrific beating of a mother on her way to work changed her life. she was savagely beaten by a homeless attacker. >> if his someone like penny around, it would be different, i have so much pain. reporter: people pushed on to the tracks, they are random unprovoked attacks. >> what can we do to make your subways safer, my answer back to everyone, i say do whatever it takes. >> last year, governor kathy hochul and mayor eric adam partnered to crackdown on subway crime by increasing police presence. and they say it worked. >> we did not ignore what people were feeling. people felt unsafe in our system. >> 5 months into 2023, are we safer. >> governor hochul do whatever it takes done work for da dan penny, but what happens when no one steps in like this in march. a teen was beaten down, by a group of kids. the only help he got was this recording. the death of jordan neely is what happens when a corrupt system fails to protect its own systems over and over again. neely should not have been on the subway in the first place. here is the rest of my exclusive interview with daniel penney's attorney. who calls out new york city failed system. >> speaking of jordan neely, there is 44 arrests. and they were never -- you see his photo they portray him as a young michael jackson. >> well, i technology is a matter how you want to present the facts. i think a lot of the footage they used to try -- or they mean could media, to present jordan neely in a certain light, are 15 or 20 years ago, many years ago. and the truth is that things changed. mr. neely had a lot of troubles, and came into a lot of contact with the criminal justice system. and i think it is really fair to look at jordan neely's arrests as missed opportunities from our system to be able to help mr. neely and to get him the help he needed so a situation like that would not be occur, he would not be in a train the way he was demanding help and being angry about a system that failed him, i am grateful to mayor adams for making a statement as to reforming the mental health system in this city. to improve upon it so we don't have tragedies like this happen again. judge jeanine: and but at the same time, daniel has been called a murderer by some, a vigilante by others, many claimed he acted based on race, what do you say to those people. >> i would say, all those things, they are not based on the facts, that is the simple truth. as to race, it is simply not the motivation for danny. as you can see, just examine what occurred, danny -- remember we're in a car, a train, a small area, underground. the doors are closinged and locked. a scary situation, because there is no escape. when you see someone who is being threatening, you have nowhere to run, only thing you could do is to wait for the police, but that could be too late by the time the train stops and doors open, you get a police officer, some don't have cell service down there. no policeman will just show up there. at that moment. not happening. they are stuck with this threat. so, wh -- when d danny stepped forward he didn't know what would happen here, didn't know if he would be successful or if he would be the victim or over powered or if neely had a weapon, he took a chance to save the people, he took that chance he is the one that put himself in danger do save who? all of the people on the train. black people, brown people, white people, it didn't matter to danny, he put his life at risk to save all of those people. has nothing to do with race. judge jeanine: do you think that charges against daniel will have a chilling affect against those who might be willing to step forward and be a good samaritan. >> this is -- i would say to you, yes, and it is a scary thing to dompl to do. people are saying no, we don't want, that we want people to help each other. it is going to be a consequence when you try to prosecute someone for acting in self-defense and defense of others that others -- depending on how the case goes, is the prosecution successful, if it is will everyone be afraid to help one another? to put themselves in harm's way and to react to a difficult situation, with the fear they will be judged later and possibly punished for what they tried to do to help. judge jeanine: and you know. you reference the legal defense fund, it is over 2 million why do you think that is so successful. >> i think it really struck a cord and i think that people understand what at risk. i would want to mention it has to do with danny, danny is a hero in his own right, his service, he stepped forward and put his own well being in jeopardy. but it is deeper, it goes to the very essence of what keeps us safe. each other. right, we have the police, right? we have the first responders. and we rely on them, we do, but reality is they can't be everywhere, some someone says i'm going to help, we want it to be encouraged not discouraged. everyone that is donating it is not about the money but i want to be a part of it, stand up and say i suspect danny in when he tried to do, he did what he did, i know to make sure he knows that the a the way we want people to be to try to help one another even if it means putting yourself in danger. >> thank you for joining us. >> thank you, judge, appreciate it. judge jeanine: we reached on ut to neely family attorneys, they were not available for an interview. >> on "judge jeanine investigates the subway chokehold" despite the facts, democrats and liberal media rush too hand down their own judgment on daniel penny, our panel puts them on trial next. meet the portable blender we can barely keep in stock. blendjet 2 gives you ice-crushing, big blender power on-the-go. so you can blend up a mouthwatering smoothie, protein shake, or latte wherever you are! recharge quickly with any usb port. best of all, it even cleans itself! just blend water with a drop of soap. what are you waiting for? order yours now from blendjet.com before they sell out again! the true spirit of america embodies goodwill... generosity... and the grit to get things done. that's what's inside every spirit of america box we send to our troops and diplomats at the point of need. working side by side on the front lines, so they can help people live a free and better life. please put your spirit into action today. visit spiritofamerica.org to fill our boxes with the very best of america. judge jeanine: welcome back to "judge jeanine investigates the subway chokehold." innocent until proven guilty that is how justice system is to work. but the media, rushed to pass judgment about jordan neely's death. >> he was the shouting he was hungry. he was thirsty, where was the humanity of anyone that was on that train. >> anticipatory self-defense is not a thing. >> what happened to the guy that would choke him for 15 minutes? he can't say self-defense, he was not at risk. judge jeanine: marine veteran daniel penny was already painted as a murderer before the justice system even got a chance to do its john, our all-star panel is joining me again. i'm starting with you lawrence, what the defense attorney for daniel penny talked about. he said, this is a guy who stood up, he took the risk. he decided to defend the other people on the train. your thoughts? >> let's face it. he is right, the cops can't be everywhere but they can't be everywhere now they have defunded police, they got rid of the anticrime unit, this is not just a new york problem, people all over the country feel the pain, it is not just the subway, our cities are lawless, cops feel they can't intervene, and public wants someone, to step up and do something about it daniel that was guy. i guarantee that members of that jury, if the women that are there that experience this stuff on day-to-day basis will see themselve there, and their family members, they want a daniel penny to step in. judge jeanine: new york self-defense justification article thr 35. a person could use the amount of force that believe reasonably necessary to defend themselves. -- the question i imagine is, what was going on in daniel penny's mind when he made that decision to get involved. >> this will be -- an old saying in law, facts win cases. this will be a balancing test based upon the facts, those facts will be as follows, what was the demeanor of jordan neely on that train, you are in a closed environment, he yells i'm done, take offers that jacket, that is clear -- he throws that jacket down, it comes down to balancing test of whether or not what mr. penny did is reasonable in light of the threat that he perceived from jordan neely. did he go too far in mitigating that threat? that c come down to close analysis of the facts. judge jeanine: jonna, there is a good samaritan law. . i imagine like lawrence said everyone hopes a good samaritan is in the car. >> you don't have a duty to step up and save anyone, if you do, you have to do so properly. will this be a set up for the neely family to su sue. >> daniel penny, i am sure it will there is a dangerous narrative happening, people talking about self-defense and whether you have anticipatory right, that is wrong, the statute says, if you have a reasonable belief, in imminent harm, means you don't have to wait until you get punched in face before you stop the harm. imminent means it has not happened yet, your reasonable belief, all that nonsense of hot not right to defend yourself or others until you are harmed. >> they don't ride the subway, they don't know, no one that rides subway every day on the subway that has no point of view. they don't lead it. it is that simple or they are just liars, you can take it anyway you want. judge jeanine: thank you lawrence. ahead on "judge jeanine investigates the subway chokehold. if the book is thrown at d daniel penny for being a good samaritan, what would our country look like if other good samaritan decide to stop helping, my final thoughts are next. 't know what 'e getting into, but at the end of the day, you know you have a team behind you that can help you. not having to worry about the future makes it possible to make the present as best as it can be for everybody. when we started carvana, they told us selling cars 100% online wouldn't work. but we went to work. building an experience that lets you shop over 17,000 cars from home. creating a coast-to-coast network to deliver your car as soon as tomorrow. recruiting an army of customer advocates to make your experience incredible. and putting you in control of the whole thing, with powerful technology. that's why we've become the nation's fastest growing retailer, because our customers love it. see for yourself at carvana.com judge jeanine: welcome back to "judge jeanine investigates the subway chokehold." daniel penny could face up to 15 years in prison if he goes on trial for the death of jordan neely, but what would america look like if other good samaritans like daniel penny decided to stop being good samaritans? we're back with our all-star panel. lawrence jones, and jonnas and p paul mauro. inspector, i want to ask you, culturally this could change america. what does this do to america. >> very clearly this case has struck a cord. national news, it just happened here in new york, the dichotomy, all people who are most ernest in westonnizing t -- weaponizing this case, people calling for his head, the quad other people, the same people who have been backing defund movement and created that vacuum that d daniel penny stepped into, remember, we have seen it, when you pullback citizens step up, unfortunately we'll get more daniel pennies going forward. judge jeanine: jonna. >> this case will have a ripple affect beyond penny will it will affect the rest of us, what we feel comfortable with, it is important we know we have a right of self-defense, and equally important -- of others, and important that we exercise that in a time like this. where we don't have the police to do the job, that we taxpayers had hoped they would be able to do. and it also has to speak to the mentally ill, and how little we doing to actually help, if we took money from the cobbs to -- cop, to help the mentally ill, where is the help. julawrence. >> we know what happens when people don't step up, they have not. that is why you have a daniel penny and why america is rallying behind this man, everyone knows what that feels like, to sit back and say should i do it even the cops are like, should i intervene or not, do i want to lose my family or badge, or lose my life or in prison? every american, law abiding citizens, has been experiencing that there is a crises in this country, that suddenly the life of black lives matter only when they are dead. what about everything before that. i think that is the crisis in the country, a lot of america has experienced this but you see public protests is when we're dead, what about the lead up on this? >> a great point, before we go. we examined case against daniel penny from every angle, no matter how the investigation unfolds, the outcome will have a profound impact on everyone even if you live outside of new york. the moment it was announced that penny would face charges, was the same moment that rules became blurred within the social contract. where the government is to protect the people. will daniel penny pay an inar-- and good samaritans are then forced to make the call. the question then becomes, what will they choose, hopeful y there is still enough good samaritans among us, selfless enough to make the right choice. thank you for watching tonight, i'm judge jeanine pirro. catch the five, monday through friday. ♪ ♪ mark: hello america. i'm mark levin, this is "life, liberty andlibe levin." le this week on over federal debt and about we'll default. we are getting propaganda from white house, the president and his ples secran